New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-07

Low STREET JAIL UNTIL THE COURT OF
APPFArs DECIDES THE CASE.
lBr TELEGRAPH THE TRIBUNE.
ALBANY Oct. 6-Chef Judge Ruger of the Court
of Appeals was again nerciful today to Jacob
Sharp making permanent tho ten porary stay OF
the execution of his sentence to imprisonment
Sharp therefore. will not be transferred to Shg
Sing and compelled to put on prison clothes lie
will remain in Ludlow Street Jail until the Judges
of tho Court of Appeals have heard and given their
opinion in tho appeal to them from the adverse
Judgment of the four Justices Of the Supreme
Court. decision OF tho matter will not be reached
probably before December.
judge Ruger took hi, seat alone on the bench OF
tho Court of Appeals at o'clock, and Informed the
counsel before him that he could grant them only
one hour for Argument on the matter before him, as
he desired to attend to general business at o'clock
District Attorney MARITIME and Assistant District
Attorney Nico stated that they we're present to
oppose the motion for stay of the execution of
Sharps sentence. Sharp bad as his counsel Con-
gresham w. Bourke Cochran, +. Winsow Paige
and Albert w. Stckney
MIR. COCHRAN OPENS THE ARGUMENT
Mr. Cochran opened tho argument by stating
that tho defence ade its application for stay on
the ground that the lower court had made five
errors in trying Sharp namely, in admitting the
Potle testimony, the testimony OF sharp before the
Senate Committee, tho sO-called Miller testimony
the testimony concerning the flight to Canada Of
those Identified with Sharp. and tc tlmoDy TO tie
Iossossion of unidentified money in the hands OF
certain Aldermen. If the defence could raise
serious doubt in the mind of the Judge as to any or
all these points, then the Judge, under the statute,
should grant the stay.
+. Winsow Paige took up the points in detail.
In regard TO the alleged error of admitting Sharps
evidence before the Senate Committee, the Penal
Code provided that the testimony OF person in a
bribery case NAV be compelled IN any examination,
hut cannot be used against him in any evil or
criminal case. The evidence proving that keenan,,
No oney. DE Lacey and others indicted with sharp
had fled to Canada was inaimsslblc rs contrary
to the principle of law forbdding testimony as to
light OF co-cons p,ritors. The admission OF the tes-
timony IN which Miller said be supposed the
money was given to bribe Aldermen was clearly
wrong. a. Judge Daniels had conceded, though he
held that the evidence could DO no harm with an
intelligent Jury The testimony of Pottle that
Sharp had trca to bribe him in l95l was contrary
To- the laws of evidence. Mr. Cochran rected a de-
cision of Judge Rapalo n support Of that position
ledge EtGrK COEEECIS MIR MARINE.
District. Attorney Mlrunc argued that there had
been no substantial error IN the trial OF the
case, all tue points presented to-day having heen
carefully travcrscd during the trial and the argu-
ment before the General FERN, and decision having
been rendered after the fullest deiberatlon. Nhle
judge Kugcr undoubtedly had the ToweT under the
statute 10 grant tAc say, tAo cfclcl'c ol tHRO
power except ~ criminal cases was against tho
practice of the oour:. Judge kGger. who HAD been
listening lntru'lv 10 WHAT W - -ild, Dhl WIN an
lnnls-ivc face interrupted Mr.. MARITIME by asking
Inn what authOrit, h" had for bis statement MI
Nllriur was ohI iul-ly soncw At surprised nj Tie
question. but be- promptly replied that he h"i oc9n
unable to nud 0ut case ON record IN Wnch tHc
power OF stay had been invoked from Judge OF
tine Court OF Appeals except ln capital cases.
Iudre Eugcr answered coolly: The exercise Of
thtt power n tI0 constant practice oI INC court
Tho .Iudce, OF tins court time and again whenever
there has been the slightest chance oil rIior' nave
granted such stays IN criminal cas"s. Every lu"sS
has granted such stays though th"re Il no recori
OF then. Indeed kno" OF 10 case IN which such
a stay has been refused hy Judge oi TINS court
Assistant DISTINCT Attorney NicoiI, atnoqsh peg
! cciNing tnat Chief judge kugcr II Id already made
his decision. n.guoi ioTcihlY IN answer TO Nj.
Wr PAIGE and SIR Cocllan SAID that the arru-
mont on the appeal had u,cu let down for October
-. We have not been served with copy oi The
dd moi snp.o,c That the prosecution would
T .i-c tcchuical objection 10 an early argument
answered Mr. Iaisr.
II i- snort notice. replied Nlr Marine " out
wc certainly desire to accelerate t"e decision III
tar mattel
PLEADING IoE rIE "IrrnLE OLD MAN"
M Cochran expressed the opinion that II would
j., cruel treatment Of feeble old man of over scy-
uty years TO send Linn TO prison for such a short
internal a. that between the present dayand that on
which the appeal wouid be heard. The shock OF
transferring him from New-lork TO sing sing
10 .ht xii him. Mr. Nlcol! rcph,d coldly
Ina. plea should MOI weigh We nave hal
SHARP examined hy phy-iclaus, ana hnd tina, he IS
/ rot IN "a dang gerOus crudi diton.
Judge Rugcr then had something 10 say y" de-
sire to meet the wishes OF the counsel III the ease.
II j. obNi iouSly impossible Tor me To- review the
whole case before October -, WHEN tile full court
is to hear argument on the appeal should think
that both sides would prefer that eNpiess 40
opinion on tho merit, OF the case IN advance oi the
conrt's decision. should think IT would be Tor the
ADVANTAGE of tho prosecution 10 have me grant the
order as. If dld not. but traverse the whole mat
| fer the Arguments before the court must be de-
/ lavcl for several weeks. | should much prefer
that counsel would mako some arrangement to
obyiatc the necessity of my making ln' ,eXamihA-
| tl,n Of the case before the court hears II.
District Attorney MaItine and MI Nlcoll h al Il
moments consultation, ANA then the l0rmcr SiId
/ viii the Court kindly suggest some arrange
mentl The prosecution believes that there nave
been no substantial errors IN the trial OF the case,
and holds that Judgment should he lnihedlaleIY
enforced. While we believe the sentence propcrly
rendered we Will bow 20 any suggestion of the
Court but we certainly 10 not feel like even seem
ing to attack the validity Of the record.
JUDGE RUGTKS DOCEr ABOUT HE RULINGS.
Thercupon Judge Ruger SAID: d" | must confess
that there are grave doubts in my mind concerning
some of the rulings in the trial of the Gaze SO
long rs have those doubts do not think it Just to
hurry the defendant to prison. when the appeal IL
SO som to be heard. Argument and reference to
authorities are necessary to remove those doubts
from nv mind. Before sentence is executed |
think the rulings of the trial courts shoud be
finally reviewed. | need not specify tho precise
rulings which raise these doubts, but will say
that The admission OF the testimony OF Sharp before
/ the senate Committee appears To me open TO ques-
ton. II do not grant the stay aud wait to exam
inc the case, the prosecution will be stu further
delayed. | have therefore, concluded to grant
now without further dcliberation. my certificate
OF serious doubt under tho statute, and ORDER tho
stay of execution of sentence until the case ~
argued before the Court of Appeals
This ended the matter and the lawyers derarted
| for New-lOrk.
! The Court of Appeals will hear arguments on the
appeal on October 10, and. OF course Will Then con
| slJer the arguments Lawyers here doubt if tho
court will hand down its decision until December